ASHULI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution is filed by the father of the detenu, i.e. Mr. Thorhu Thaoli (herei after referred to as 'the detenu') challenging the detention order dtd. 26/7/2023; rejection of the representation by the respondent No.2 dtd. 3/10/2023; rejection of the representation by the respondent No.1 vide the order dtd. 16/10/2023; the confirmation order dtd. 19/10/2023 issued by the respondent No.1 as well as the extension order dtd. 24/1/2024.

(2.) From the materials on record, it reveals that on 31/5/2023, the detenu along with five others were stopped by the police personnel near Khuzama Check Gate. From the materials on record, it reveals that on a search being conducted, 50 numbers of soap cases containing heroin weighing 650 grams approximately was recovered from the manually built chamber in the luggage boot of the vehicle. On the basis of the said search, an FIR was lodged which was registered and numbered as Narcotic P.S. Case No.0009/2023 under Ss. 21(c)/60/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act of 1985'). The detenu thereupon continued to remain in custody.

(3.) On 12/7/2023, the Additional DGP (L&O), Nagaland issued a communication to the Secretary, Home Department, Government of Nagaland proposing for the detention of the detenu under the provisions of Preventive of Illicit Drugs of Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, 'the Act of 1988'). The grounds of detention so mentioned in the proposal were that the detenu during his interrogation admitted to illegal trafficking of Narcotic Drugs and Psychotropic Substances in and around Dimapur Town. The second ground was that the detenu used his vehicle for transporting Narcotic Drugs and Psychotropic Substances from Senapati, Manipur to Dimapur, Nagaland. The third ground was that the State of Nagaland lies within the area highly vulnerable to such illicit trafficking as explained under Sec. 10 (v) (c) of the Act of 1988. The fourth ground is that if the detenu is bailed out, he is likely to indulge in illegal trafficking of Narcotic Drugs and Psychotropic Substances. The fifth ground was that from the statement of the detenu, it revealed that he continuously engaged in trafficking of contraband and there is all likelihood that he is to continue to indulge in illegal trafficking of the contraband and hence it was required that he be prevented from the said.